District 3 of the Wisconsin Court of Appeals issued a decision yesterday, May 24, reinstating Wisconsin’s right to work law pending appeal of a Dane County Circuit Court Judge’s decision finding the law to be unconstitutional. The Court of Appeals held that the Circuit Court erred in not granting a stay pending the appeal of the decision.
The decision means that unions and employers are again unquestionably prohibited from entering into agreements requiring union membership as a condition of employment. Wisconsin was the 25th state to enact a so-called right to work statute. Under the law, as contracts expire, are extended or are amended after March 11, 2015, the parties are precluded from maintaining or agreeing to contract language requiring employees to be members of a union.
It is anticipated the case will find its way to the Wisconsin Supreme Court. Given that Court’s 5 to 2 conservative majority, we expect the law will ultimately be upheld.